C. Decommissioning

  1. A decommissioning plan shall be required at the time of application for all proposed Data Centers that establishes detailed inventory, timelines, management, removal of physical equipment, and disposal of recycled materials.
  2. Decommissioning must begin within twelve (12) months of discontinuation of the Data Center use, or upon abandonment by the operator, whichever occurs first. Decommissioning shall be completed within twelve (12) months thereafter unless extended by the Township in writing.
  3. Decommissioning shall include the removal of all hazardous materials and contents, including cabling, electrical components, and any other associated facilities.
  4. The facility owner shall, at the time of the land development plan application, provide the Township with an estimate of the cost of performing the decommissioning activities required herein. The facility owner shall provide financial security of 110% of the estimated cost of decommissioning. The estimate may include an estimated salvage and resale value, discounted by a factor of 10%. The decommissioning cost estimate formula shall be: gross cost of decommissioning activities minus 90% credit of salvage and resale value equals the decommissioning cost estimate.
  5. At the time of issuance of approval for the construction of the Data Center facility, the facility owner shall provide financial security in the form and amount acceptable to the Township and in favor of the Township, to secure its obligations under this section.
  6. On every fifth anniversary of the date of providing the decommissioning financial security, the facility owner shall provide an updated decommission cost estimate, utilizing the formula set forth above with adjustments for inflation and cost and value changes. If the decommissioning security amount increases, the facility owner shall remit the increased financial security to the Township within thirty (30) days of the approval of the updated decommissioning security estimate by the Township. If the decommissioning security amount decreases by greater than 10%, the Township shall release from security any amount held in excess of 110% of the updated decommissioning cost estimate.
  7. Decommissioning security estimates shall be subject to review and approval by the Township, and the facility owner shall be responsible for administrative, legal, and engineering costs incurred by the Township for such review.
  8. The decommissioning security may be in the form of cash, a certified or cashier's check, an irrevocable letter of credit and/or a restrictive and dedicated account with a federal- or commonwealth-chartered lending institution in the amount of

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110% of the total proposed decommission cost estimate and in a form satisfactory to the Township and its solicitor.

D. Data Centers and Data Center Accessory Uses shall be permitted exclusively by Conditional Use subject to the following:

  1. Proof that project mitigates or eliminates any negative findings of the Environmental and Community Impact Analysis
  2. Proof of approvals from:
  3. Electricity Supplier
  4. Erie Water Works or its Successor
  5. Millcreek Township Engineering Department for Sanitary Sewer Flows
  6. Any necessary state or federal permits
  7. An approved Electronic Waste Plan
  8. An approved Emergency Response Plan
  9. A Decommissioning Plan and estimates signed by a licensed professional engineer for 110% of the cost of decommissioning

§ 145-55.1. TRANSITIONAL DWELLING.

A. Transitional Dwelling General Requirements

  1. The Transitional Dwelling shall be manned by qualified staff on a twenty-four hour basis supervision shall be provided by staff qualified-by the sSponsoring Agency.
  2. Where applicable, licensing or certification of by the sSponsoring Agency shall be prerequisite to obtaining a Certificate of Occupancy, and a copy of an annual report with evidence of continuing certification shall be submitted to the Zoning Officer or their authorized representative in January of each year.
  3. Adequate open space opportunities for recreation shall be provided on the lot for the residents consistent with their needs, and such space shall be secured by a fence with a self-latching gate.
  4. Transitional Dwellings shall be permitted exclusively by Conditional UseSpecial Exception subject to the following:
  5. Proof of compliance with General Requirements above.
  6. Shall have frontage on and direct vehicular access to an arterial or collector street.
  7. A Transitional Dwelling may be established in an existing dwelling; however, no additions to the dwelling shall be permitted. A new building shall not be

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